21ST MORTGAGE CORPORATION v. Renaissance Economic Development Corporation, Defendant–Appellant. (2026)

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered on or about October 21, 2024, which denied defendant Renaissance Economic Development Corporation's motion to stay and vacate the judgment of foreclosure and sale and for renewal of its motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the matter remanded for further proceedings in accordance with this decision.

Supreme Court rendered its judgment of foreclosure and sale on July 12, 2023.  The judgment sufficiently drew attention to the filing date via the computer generated stamp across the top (compare Pac Fung Feather Co. Ltd. v. Porthault NA LLC, 140 A.D.3d 576, 577, 33 N.Y.S.3d 691 [1st Dept. 2016]).  Therefore, plaintiff's July 27, 2023 notice of entry correctly stated that the judgment of foreclosure and sale was entered by the County Clerk on July 12, 2023 (cf.  Baranello v. Westchester Sq. Med. Ctr., 282 A.D.2d 259, 259, 722 N.Y.S.2d 863 [1st Dept. 2001]).

Generally, “a motion for leave to renew based upon an alleged change in the law must be made prior to the entry of a final judgment, or before the time to appeal has fully expired” (Matter of 160 E. 84th St. v. New York State Div. of Hous. & Community Renewal, 203 A.D.3d 501, 161 N.Y.S.3d 776 [1st Dept. 2022]).  However, in Article 13 LLC v. Ponce De Leon Fed Bank, the Court of Appeals clarified the application of the Foreclosure Abuse Prevention Act (FAPA), finding that it applies retroactively and to all foreclosure actions in which “a final foreclosure sale had not been enforced prior to its effective date, including actions pending at the time of its effective date” (Article 13 LLC v. Ponce De Leon Fed. Bank, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06536, *2 [2025]).

A judgment of foreclosure and sale is deemed enforced when the sale is concluded (see Guardian Loan Co. v. Early, 47 N.Y.2d 515, 519–520, 419 N.Y.S.2d 56, 392 N.E.2d 1240 [1979];  Wilmington Sav. Fund Socy., FSB v. Thomas, 226 A.D.3d 1064, 1067, 212 N.Y.S.3d 110 [2d Dept. 2024]).  Therefore, the only way to effectuate the retroactive application of FAPA after a judgment has been entered and the time to appeal has expired, is by filing a motion to renew before the sale is conducted (Article 13 LLC, ––– N.Y.3d at ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06536, *2).  Based on a change in the law with the enactment of the FAPA, Renaissance's January 2024 motion for leave to renew pursuant to CPLR 2221(e)(2), was timely (id.;  Early, 47 N.Y.2d at 519–520, 419 N.Y.S.2d 56, 392 N.E.2d 1240;  Thomas, 226 A.D.3d at 1067, 212 N.Y.S.3d 110).

Accordingly, we remand the motion to Supreme Court for consideration on the merits.

The Decision and Order of this Court entered herein on October 2, 2025 is hereby recalled and vacated (see M–4517 decided simultaneously herewith).